CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES
(REVISED AND ADOPTED ON SEPTEMBER 4, 1995 BY CHINA CHAMBER OF INTERNATIONAL
COMMERCE, EFFECTIVE AS FROM OCTOBER 1, 1995)
******************************************************************************
CHAPTER I - GENERAL PROVISIONS
==============================
SECTION 1 - JURISDICTION
========================
ARTICLE 1
---------
These Rules are formulated in accordance with the Arbitration Law and the
provisions of the relevant laws of the People's Republic of China (PRC) and
pursuant to the 'Decision', the 'Notice' and ' Official Reply' of the State
Council of the PRC.
ARTICLE 2
---------
China Maritime Arbitration Commission (formerly known as Maritime Arbitration
Commission of the China Council for the Promotion of International Trade, and
hereinafter referred to as the ' Arbitration Commission') independently and
impartially resolves, by means of arbitration, contractual or non-contractual
maritime disputes arising from, or in the process of , transportation,
production and navigation by or at sea, in coastal waters and other waters
connected with sea, in order to protect the legitimate rights and interests of
the parties and promote the development of the domestic and international
shipping industry and economy and trade.
The Arbitration Commission shall take cognizance of cases of following maritime
disputes:
(1) dispute arising from salvage and general average;
(2) dispute arising from collision between vessels, or from damage caused by a
vessel to the structure and installation on the sea, waterways connected with
sea, in the harbor as well as the submarine or underwater installation;
(3) dispute arising from management, operation, chartering, mortgage, agency,
towage, raising, sale, repair, building, demolition, of sea-going/river vessel,
as well as carriage by sea in virtue of contracts of affreightment, bill of
lading or other documents, and marine insurance;
(4) dispute regarding the utilization of the marine resources and pollution
damages to the marine environment;
(5) dispute arising from contract of freight forwarding, supply of ship's
stores, employment of seaman aboard a foreign vessel, fishery production and
fishing;
(6) other maritime dispute submitted for arbitration by agreement between the
parties.
ARTICLE 3
---------
The Arbitration Commission takes cognizance of cases in accordance with an
arbitration agreement between the parties concluded before or after the
occurrence of the disputes to refer their dispute to the Arbitration Commission
for arbitration and upon the written application by one of the parties.
An arbitration agreement means an arbitration clause stipulated by the parties
in their contract or a written agreement concluded by the parties in other
forms to submit their dispute for arbitration.
ARTICLE 4
---------
The Arbitration Commission has the power to decide on the existence and
validity of an arbitration agreement and the jurisdiction over an arbitration
case. If a party challenges the validity of the arbitration agreement and
requests the Arbitration Commission to make a decision thereupon, and the other
party applies to the People's Court for a ruling, the latter's ruling shall
prevail.
ARTICLE 5
---------
An arbitration clause contained in a contract shall be regarded as existing
independently and separately from the other clauses of the contract, and an
arbitration agreement attached to a contract shall be treated as a part of the
contract existing independently and separately from the other parts of the
contract. The validity of an arbitration clause or an arbitration agreement
shall not be affected by the modification, rescission, termination, invalidity,
revocation or non-existence of contract.
ARTICLE 6
---------
Any objections to an arbitration agreement and/or jurisdiction over an
arbitration case should be raised before the first hearing conducted by the
arbitration tribunal. Where a case is examined on the basis of documents only,
the objections to jurisdiction should be raised before submission of the first
substantive defense.
ARTICLE 7
---------
Once the parties agree to submit their dispute to the Arbitration Commission
for arbitration, they shall be deemed to have agreed to conduct the arbitration
under these Rules.
SECTION 2 - ORGANIZATION
========================
ARTICLE 8
---------
The Arbitration Commission shall have one honorary Chairman and several
advisers.
ARTICLE 9
---------
The Arbitration Commission is composed of one Chairman, several Vice-Chairmen
and a number of Commission members. The Chairman performs the functions and
duties vested in him by these Rules and the Vice-Chairmen may perform the
Chairman's functions and duties with the Chairman's authorization.
The Arbitration Commission shall have a secretariat to handle its day-to-day
work under the leadership of the secretary-general of the Arbitration
Commission.
ARTICLE 10
----------
The Arbitration Commission shall maintain a Panel of Arbitrators. The
arbitrators shall be selected and appointed by the Arbitration Commission from
among Chinese and foreign personages with special knowledge and practical
experience in the fields of navigation, carriage by sea, foreign trade,
insurance and law and other fields.
ARTICLE 11
----------
The Arbitration Commission is located in Beijing. The Arbitration Commission
may, according to the requirement of development of arbitration business, set
up its Sub-Commissions in other places within China's territory.
CHAPTER II - ARBITRATION PROCEEDINGS
====================================
SECTION 1 - APPLICATION FOR ARBITRATION, DEFENSE AND COUNTER-CLAIM
==================================================================
ARTICLE 12
----------
The arbitration proceedings shall commence from the date on which the Notice of
Arbitration is issued.
ARTICLE 13
----------
The Claimant shall satisfy the following requirements when submitting his
Application for Arbitration:
(1) An Application for Arbitration in writing shall be submitted and the
following shall be specified in the Application for Arbitration:
(a) The name and address of the Claimant and those of the Respondent, including
the zip code, telephone number, telex number, fax number and cable number, if
any;
(b) The arbitration agreement relied upon by the Claimant;
(c) The facts of the case and the main points of dispute;
(d) The Claimant's claim and the facts and evidence on which his claim is
based.
The Application for Arbitration shall be signed and/or stamped by the Claimant
and/or the attorney authorized by the Claimant.
(2) When an application for Arbitration is submitted to the Arbitration
Commission, the relevant documentary evidence on which the Claimant's claim is
based shall accompany the Application for Arbitration.
(3) The Claimant shall pay an arbitration fee in advance to the Arbitration
Commission according to the Arbitration Fee Schedule of the Arbitration
Commission.
ARTICLE 14
----------
After receipt of the Application for Arbitration and its attachments and when
the secretariat of the Arbitration Commission, after examination, deems that
the Claimant has not completed the formalities required for arbitration, the
secretariat shall demand the Claimant to completed them, and when the
secretariat deems that the Claimant has completed the formalities, the
secretariat shall immediately send to the Respondent a Notice of Arbitration
together with one copy each of the Claimant's Application for Arbitration and
its attachments as well as the Arbitration Rules, the Panel of Arbitrators and
the Arbitration Fee Schedule of the Arbitration Commission, and shall
simultaneously send to the Claimant one copy each of the Notice of Arbitration,
the Arbitration Rules, the Panel of Arbitrators and Arbitration fee Schedule.
The secretariat of the Arbitration Commission, after sending the Notice of
Arbitration to the Claimant and Respondent, shall appoint one of its
staff-members to take charge of procedural administration of the case.
ARTICLE 15
----------
The Claimant and the Respondent shall, within 20 days as from the date of
receipt of the Notice of Arbitration, appoint an arbitrator from among the
Panel of Arbitrators of the Arbitration Commission or authorize the Chairman of
the Arbitration Commission to make such appointment.
ARTICLE 16
----------
The Respondent shall, within 45 days from the date of receipt of the Notice of
Arbitration, submit his written defense and relevant documentary evidence to
the secretariat of the Arbitration Commission.
ARTICLE 17
----------
The Respondent shall, at the latest within 60 days from the date of receipt of
the Notice of Arbitration, lodge with the secretariat of the Arbitration
Commission his counterclaim in writing, if any. The arbitration tribunal may
extend that time limit if it deems that there are justified reasons.
When lodging a counterclaim, the Respondent must state in his written statement
of counterclaim his specific claim, reasons for his claim and facts and
evidence upon which his counterclaim is based, and attach to his counterclaim
the relevant documentary evidence.
When lodging a counterclaim, the Respondent shall pay an arbitration fee in
advance according to the Arbitration Fee Schedule of the Arbitration
Commission.
ARTICLE 18
----------
The claimant may request to amend his claim and the Respondent may request to
amend his counterclaim; but the arbitration tribunal may refuse such a request
for amendment if it considers that it is too late to raise the request and the
amendment may affect the arbitration proceedings.
ARTICLE 19
----------
When submitting application for arbitration, written defense, statement of
counterclaim, documentary evidence and other documents, the party/parties shall
submit them in quintuplicate.* If the number of the parties exceeds two,
additional copies shall be submitted accordingly; if the number of arbitrator
composing the arbitration tribunal is one, two copies may be reduced.
ARTICLE 20
----------
The arbitration proceedings shall not be affected in case the Respondent fails
to file his defense in writing or the Claimant fails to submit his written
defense against the Respondent's counterclaim.
ARTICLE 21
----------
The parties may authorize arbitration agents to deal with the matters in
relation to arbitration; the authorized attorney must produce a Power of
Attorney to the Arbitration Commission.
Chinese and foreign citizens can be authorized to act as arbitration agents.
ARTICLE 22
----------
When a party applies for property preservative measures, the Arbitration
Commission shall submit the party's application for a ruling to the Maritime
Court in the place where the domicile of the party against whom the property
preservative measures are sought is located or in the place where the property
of the said party is located.
When a party applies for interim measures of protection of evidence, the
Arbitration Commission shall submit his application for a ruling to the
maritime Court in the place where the evidence is located.
SECTION 2 - FORMATION OF ARBITRATION TRIBUNAL
=============================================
ARTICLE 23
----------
Each of the parties shall appoint one arbitrator from among the Panel of
Arbitrators of the Arbitration Commission or entrust the Chairman of the
Arbitration Commission to make such appointment. The third arbitrator shall be
jointly appointed by the parties or appointed by the Chairman of the
Arbitration Commission upon the parties' joint authorization.
In case the parties fail to jointly appoint or jointly entrust the Chairman of
the Arbitration Commission to appoint the third arbitrator within 20 days from
the date on which the Respondent receives the Notice of Arbitration, the third
arbitrator shall be appointed by the Chairman of the Arbitration Commission.
The third arbitrator shall act as the presiding arbitrator.
The presiding arbitrator and the two appointed arbitrators shall jointly form
an arbitration tribunal to jointly hear the case.
ARTICLE 24
----------
Both parties may jointly appoint or jointly authorize the Chairman of the
Arbitration Commission to appoint a sole arbitrator to form an arbitration
tribunal to hear the case alone.
If both parties have agreed on the appointment of a sole arbitrator to hear
their case alone but have failed to agree on the choice of such a sole
arbitrator within 20 days from the date on which the Respondent receives the
Notice of Arbitration, the Chairman of the Arbitration Commission shall make
such an appointment.
ARTICLE 25
----------
If the Claimant or the Respondent fails to appoint or authorize the Chairman of
the Arbitration Commission to appoint an arbitrator according to Article 15 of
these Rules, the Chairman of the Arbitration Commission shall appoint an
arbitrator on his behalf.
ARTICLE 26
----------
When there are two or more Claimants and/or Respondents in an arbitration case,
the Claimants' side and the Respondents' side each shall, through consultation,
appoint or entrust the Chairman of the Arbitration Commission to appoint one
arbitrator from among the Panel of Arbitrators of the Arbitration Commission.
If the Claimants side or the Respondents' side fails to make such appointment
or entrustment* within 20 days as from the date on which the Respondent's side
receives the Notice of Arbitration, the appointment shall be made by the
Chairman of the Arbitration Commission.
ARTICLE 27
----------
Any appointed arbitrator having a personal interest in the case shall himself
disclose such circumstances to the Arbitration Commission and request
withdrawal from his office.
ARTICLE 28
----------
A party may make a request in writing to the Arbitration Commission for the
removal of an appointed arbitrator from his office, if the party has justified
reasons to suspect the impartiality and independence of the appointed
arbitrator. In the request, the facts and reasons on which the request is based
and evidence must be given.
A challenge against an arbitrator for removal from his office must be put
forward in writing no later than the first oral hearing. If the grounds for the
challenge come out or are made known after the first oral hearing, the
challenge may be raised after the first hearing but before the end of the last
hearing.
ARTICLE 29
----------
The Chairman of the Arbitration Commission shall decide on the challenge.
ARTICLE 30
----------
If an arbitrator cannot perform his duty owing to withdrawal, demise removal or
other reasons, a substitute arbitrator shall be appointed in accordance with
the procedure pursuant to which the original arbitrator was appointed.
After the appointment of the substitute arbitrator, the arbitration tribunal
has discretion to decide whether or not the whole or part of the previous
hearings shall be repeated.
SECTION 3 - HEARING
===================
ARTICLE 31
----------
The arbitration tribunal shall hold oral hearings when examining a case. At the
request of the parties or with their consent, oral hearings may be omitted if
the arbitration tribunal also deems that oral hearings are unnecessary, and
then the arbitration tribunal may examine the case and make an award on the
basis of documents only.
ARTICLE 32
----------
The date of the first oral hearing shall be fixed by the arbitration tribunal
in consultation with the secretariat of the Arbitration Commission. The notice
of the date of the hearing shall be communicated by the secretariat of the
Arbitration Commission to the parties 30 days before the date of the hearing. A
party having justified reasons may request a postponement of the date of the
hearing. His request must be communicated to the secretariat of the Arbitration
Commission 12 days before the date of the hearing and the arbitration tribunal
shall decide whether to postpone the hearing or not.
ARTICLE 33
----------
The notice of the date of hearing subsequent to the first hearing is not
subject to the 30-day time limit.
ARTICLE 34
----------
The cases taken cognizance of by the Arbitration Commission shall be heard in
Beijing, or in other places with the approval of the Secretary General of the
Arbitration Commission.
ARTICLE 35
----------
The arbitration tribunal shall not hear cases in open session. If both parties
request a hearing to be held in open session, the arbitration tribunal shall
decide whether to hold the hearing in open session or not.
ARTICLE 36
----------
When a case is heard in closed session, the parties, their attorneys,
witnesses, arbitrators, experts consulted by the arbitration tribunal and
appraisers appointed by the arbitration tribunal and the relevant staff-members
of the secretariat of the Arbitration Commission shall not disclose to
outsiders the substantive or procedural matters of the case.
ARTICLE 37
----------
The parties shall produce evidence for the facts on which their claim, defense
and counterclaims are based. The arbitration tribunal may undertake
investigations and collect evidence on its own initiative, if it deems it
necessary.
If the arbitration tribunal investigates and collects evidence on its own
initiative, it shall timely inform the parties to be present on the spot if it
deems it necessary. Should one party or both parties fail to appear on the
spot, the investigation and collection of evidence shall by no means be
affected.
ARTICLE 38
----------
The arbitration tribunal may consult an expert or appoint an appraiser for the
clarification of special questions relating to the case. Such an expert and
appraiser can be an organization or a citizen, Chinese or foreign.
The arbitration tribunal has the power to order the parties and the parties are
also obliged to submit or produce to the expert or appraiser any materials,
documents, properties or goods related to the case for check-up, inspection
and/or appraisal.
ARTICLE 39
----------
The expert's report and the appraiser's report shall be copied to the parties
so that they may have the opportunity to give their opinions thereon. At the
request of any party to the case and with the approval of the arbitration
tribunal, the expert and appraiser may be present at the hearing and give
explanations of their reports when the arbitration tribunal deems it necessary
and appropriate.
ARTICLE 40
----------
The evidence submitted by the parties shall be examined and decided by the
arbitration tribunal. The adoption of the expert's report and the appraiser's
report shall be determined by the arbitration tribunal.
ARTICLE 41
----------
Should one of the parties fail to appear at the hearing, the arbitration
tribunal may proceed with the hearing and make an award by default.
ARTICLE 42
----------
During the hearing, the arbitration tribunal may make a record in writing
and/or by tape-recording. The arbitration tribunal may, when it deems it
necessary, make a minute stating the main points of the hearing and ask the
parties and/or their attorneys, witnesses and/or other persons involved to sign
their names on it and/or affix their seals to it.
The record in writing or tape-recording are only for the use and reference of
the arbitration tribunal.
ARTICLE 43
----------
If the parties to an arbitration case reach an amicable settlement agreement by
themselves, they may either request the arbitration tribunal to make an award
in accordance with the contents of their amicable settlement agreement to end
the case or request a dismissal of the case. The Secretary General of the
Arbitration Commission shall decide on the request for a dismissal of the case
if the request is made before the formation of the arbitration tribunal and the
arbitration tribunal shall decide on the request if the request is put forward
after the formation of the arbitration tribunal.
If the party or the parties refer the dismissed case again to the Arbitration
Commission for arbitration, the Chairman of the Arbitration Commission shall
decide whether to accept the reference or not.
ARTICLE 44
----------
A party who knows or should have known that any provision or requirement of
these Rules has not been complied with and yet proceeds with the arbitration
proceedings without explicitly raising in writing his objection to
non-compliance in a timely manner shall be deemed to have waived his right to
object.
ARTICLE 45
----------
If both parties have a desire for conciliation or one party so desires and the
other party agrees to it when consulted by the arbitration tribunal, the
arbitration tribunal may conciliate the case under its cognizance in the
process of arbitration.
ARTICLE 46
----------
The arbitration tribunal may conciliate cases in the manner it deems
appropriate.
ARTICLE 47
----------
The arbitration tribunal shall terminate conciliation and continue the
arbitration proceedings when one of the parties requests a termination of
conciliation or when the arbitration tribunal believes that further efforts to
conciliate will be futile.
ARTICLE 48
----------
If the parties have reached an amicable settlement outside the arbitration
tribunal in the course of conciliation conducted by the arbitration tribunal,
such settlement shall be deemed as one which has been reached trough the
arbitration tribunal's conciliation.
ARTICLE 49
----------
The parties shall sign a settlement agreement in writing when an amicable
settlement is reached through conciliation conducted by the arbitration
tribunal, and the arbitration tribunal shall end the case by making an
arbitration award in accordance with the contents of the settlement agreement
unless otherwise agreed by the parties.
ARTICLE 50
----------
Should conciliation fail, any statement, opinion, view and proposal which has
been made, raised, put forward, acknowledged, accepted or rejected by either
party or by the arbitration tribunal in the process of conciliation shall not
be invoked as grounds for any claim, defense and/or counterclaim in the
subsequent arbitration proceedings, judicial proceedings or any other
proceedings.
SECTION 4 - AWARD
=================
ARTICLE 51
----------
The arbitration tribunal shall render an arbitral* award within 9 months as
from the date on which the arbitration tribunal is formed. The Secretary
General of the Arbitration Commission may extend this time limit at the request
of the arbitration tribunal if the Secretary General of the Arbitration
Commission considers that it is really necessary and the reasons for extension
are truly justified.
ARTICLE 52
----------
The arbitration tribunal shall independently and impartially make its arbitral
award on the basis of the facts, in accordance with the law and the terms of
the contracts, with reference to international practices and in compliance with
the principle of fairness and reasonableness.
ARTICLE 53
----------
Where a case is heard by an arbitration tribunal composed of three arbitrators,
the arbitral award shall be decided by the majority of the arbitrators and the
minority opinion may be written in the record and docketed into the file.
When the arbitration tribunal cannot attain a majority opinion, the arbitral
award shall be decided in accordance with the presiding arbitrator's opinion.
ARTICLE 54
----------
The arbitration tribunal shall state in the arbitral award the claims, the
facts of the dispute, the reasons on which the arbitral award is based, the
result of the arbitral award, the allocation of the arbitration costs, the date
on which and the place at which the arbitral award is made. The facts of the
dispute and the reasons on which the award if the parties have agreed not to
state them in the arbitral award, or the arbitral award is made in accordance
with the contents of the settlement agreement reached between the parties.
ARTICLE 55
----------
Unless the arbitral award is made in accordance with the opinion of the
presiding arbitrator or the sole arbitrator, the arbitral award shall be signed
by all the arbitrators or the majority arbitrators sitting on the arbitration
tribunal. An arbitrator who has a dissenting opinion may sign or not sign his
name on the arbitral award.
The arbitrators shall submit his draft arbitral award to the Arbitration
Commission before signing the award. The Arbitration Commission may remind the
arbitrators of the issues related to the form of the arbitral award on
condition that the arbitrators' independence of decision is not affected.
The Arbitration Commission's stamp shall be affixed to the arbitral award.
The date on which the arbitral award is made is the date on which the arbitral
award comes into legal effect.
ARTICLE 56
----------
The arbitration tribunal may, if it deems it necessary or the parties so
request and the arbitration tribunal agrees, make an interlocutory award or
partial award on any issue of the case at any time in the course of arbitration
before the final award is made. Either party's failure to perform the
interlocutory award does not affect the continuation of the arbitration
proceedings and the making of the final award by the arbitration tribunal.
ARTICLE 57
----------
The arbitration tribunal has the power to determine in the arbitral award the
arbitration fee and other expenses to be eventually paid by the party or the
parties to the Arbitration Commission.
ARTICLE 58
----------
The arbitration tribunal has the power to decide in the arbitral award that the
losing party shall pay the winning party as compensation an apportion of the
expenses reasonably incurred by the winning party in dealing with the case. The
amount of such compensation shall not in any case exceed 10% of the total
amount awarded to the winning party.
ARTICLE 59
----------
The arbitral award is final and binding upon both disputing parties. Neither
party may bring a suit before a law court or made a request to any other
organization for revising the arbitral award.
ARTICLE 60
----------
Either party may request in writing that a correction be made to the writing,
typing, calculating and similar errors contained in the arbitral award within
30 days from the date of receipt of the arbitral award; if there is really an
error in the arbitral award, the arbitration tribunal shall make a correction
in writing within 30 days from the date of which the arbitral award is issued.
The correction in writing forms a part of the arbitral award.
ARTICLE 61
----------
If anything that should be awarded has been omitted in the arbitral award,
either of the parties may make a request in writing to the arbitration tribunal
for an additional award within 30 days from the date on which the arbitral
award is received.
If something which should be awarded is really omitted, the arbitration
tribunal shall make an additional award within 30 days from the date of receipt
of the request in writing for an additional award. The arbitration tribunal may
by itself make an additional award within 30 days from the date on which the
arbitral award is issued. The additional award forms a part of the arbitral
award which has been previously issued.
ARTICLE 62
----------
The parties must automatically execute the arbitral award within the time limit
specified in the arbitral award. If no time limit is specified in the arbitral
award, the parties shall carry out the arbitral award immediately.
In case one party fails to execute the arbitral award, the other party may
apply to the Chinese court for the enforcement of the arbitral award according
to the 1958 Convention on Recognition and Enforcement of Foreign Arbitral
Awards or other international treaties that China has concluded or participated
in .
CHAPTER III - SUMMARY PROCEDURE
===============================
ARTICLE 63
----------
Unless otherwise agreed by the parties, this Summary Procedure shall apply to
any case in dispute where the amount of the claim totals not more than RMB
500,000 yuan, and to any case in dispute where the amount of the claim totals
more than RMB 500,000 yuan provided that one party applies for arbitration
under this Summary Procedure and the other party agrees in writing.
ARTICLE 64
----------
When an application for arbitration is submitted to the Arbitration Commission
by one of the parties and the applications is accepted by the Arbitration
Commission after examination and the Summary Procedure is applicable, the
secretariat of the Arbitration Commission shall immediately serve a Notice of
Arbitration to each of the parties.
Unless both parties have jointly selected one sole arbitrator from among the
Panel of Arbitrators of the Arbitration Commission, they shall jointly appoint
or jointly entrust the Chairman of the Arbitration Commission to appoint one
sole arbitrator within 15 days from the date on which the Notice of Arbitration
is received by the Respondent. When the parties fail to make such appointment
or entrustment, the Chairman of the Arbitration Commission shall immediately
appoint one sole arbitrator to form an arbitration tribunal to hear the case.
ARTICLE 65
----------
The Respondent shall, within 30 days from the date of receipt of the Notice of
Arbitration, submit his defense and relevant documentary evidence to the
secretariat of the Arbitration Commission; counterclaim, if any, shall be
lodged together with documentary evidence within the said time limit.
ARTICLE 66
----------
The arbitration tribunal may hear the case in the way it deems appropriate. The
arbitration tribunal has discretion to hear the case only on the basis of the
written materials and evidence submitted by the parties or to hold an oral
hearing as well.
ARTICLE 67
----------
The parties must hand in written materials and evidence needed for the
arbitration in compliance with the requirements of the arbitration tribunal
within the time limit given by the arbitration tribunal.
ARTICLE 68
----------
For a case which needs an oral bearing, the secretariat of the Arbitration
Commission shall, after the arbitration tribunal has fixed a date for hearing,
inform the parties of the date of the hearing 15 days before the date of the
hearing.
ARTICLE 69
----------
If the arbitration tribunal decides to hear the case orally, only one oral
hearing shall be held. However, the arbitration tribunal may hold two oral
hearings if really necessary.
ARTICLE 70
----------
Should one of the parties fail to act in compliance with this Summary Procedure
during summary proceedings, such failure shall not affect the arbitration
tribunal's conduct of the proceedings and the arbitration tribunal's power to
render an arbitral award.
ARTICLE 71
----------
The conduct of the proceedings shall not be affected by any amendment of the
claim or by the lodging of a counterclaim.
ARTICLE 72
----------
Where a case is heard orally, the arbitration tribunal shall make an arbitral
award within 30 days from the date of the oral hearing if one oral hearing is
to be held, or from the date or the second oral hearing if two oral hearings
are to be held. Where a case is examined on the basis of documents only, the
arbitration tribunal shall render an arbitral award within 90 days from the
date on which the arbitration tribunal is formed. The Secretary General of the
Arbitration Commission may extend the said time limit if such extension is
necessary and justifiable.
ARTICLE 73
----------
For matters not covered in this Chapter, the relevant provisions in the other
Chapters of these Rules shall apply.
CHAPTER IV - SUPPLEMENTARY PROVISIONS
=====================================
ARTICLE 74
----------
The Chinese language is the official language of the Arbitration Commission. If
the parties have agreed otherwise, their agreement shall prevail.
At the hearing, if the parties or their attorneys or witnesses request language
interpretation, the secretariat of the Arbitration Commission may provide an
interpreter for them or the parties may bring with them their own interpreters.
The arbitration tribunal and/or the secretariat of the Arbitration Commission
may, if it deems it necessary, request the parties to hand in corresponding
translation copies in Chinese language or other languages of the documents and
evidential materials submitted by the parties.
ARTICLE 75
----------
All the arbitration documents, notices and materials may be sent to the parties
and/or their attorneys in person, or by registered letter or express airmail,
telefax, telex, cable or by any other means which are deemed proper by the
secretariat of the Arbitration Commission.
ARTICLE 76
----------
Any written communication to the parties is deemed to have been properly served
if it is delivered to the addressee or delivered at his place of business,
habitual residence or mailing address; or if none of these can be found after
making a reasonable inquiry, a written communication is deemed to have been
served if it is sent to the addressee's last known place of business, habitual
residence or mailing address by registered letter or by any other means which
provides a record of the attempt to deliver it.
ARTICLE 77
----------
Apart from charging arbitration fees from the parties according to the
Arbitration Fee Schedule of the Arbitration Commission, the Arbitration
Commission may collect from the parties other extra, reasonable and actual
expenses including arbitrator's special remuneration and their travel and
boarding expenses for dealing with the case and the fees and expenses for
experts, appraisers and interpreters appointed by the arbitration tribunal,
etc.
If a case is withdrawn after the parties have reached between themselves an
amicable settlement, the Arbitration Commission may charge a certain amount of
fees from the parties in consideration of the quantity of work and the amount
of the actual expenses incurred by the Arbitration Commission.
ARTICLE 78
----------
Where a arbitration agreement or an arbitration clause contained in the
contract provides for the arbitration to be conducted by China Maritime
Arbitration Commission or by its former named Maritime Arbitration Commission
of the China Council for the Promotion of International Trade, the parties
shall be deemed to have unanimously agreed that the arbitration shall be
conducted by China Maritime Arbitration Commission.
ARTICLE 79
----------
These Rules shall come into force as from October 1, 1995. For cases which have
been taken cognizance of by the Arbitration Commission before the date on which
these Rules become effective, the Rules of Arbitration effective on the date
when the cases are taken cognizance of shall apply. However, these Rules shall
be applied if the parties so agree.
ARTICLE 80
----------
The power to interpret these Rules is vested in the Arbitration Commission.
APPENDIX
--------
CHINA MARITIME ARBITRATION COMMISSION
ARBITRATION FEE SCHEDULE
(Effective as from April 1, 1995)
Amount of Claim (RMB) Amount of Claim (RMB) Amount of Fee (RMB)
1,000,000 Yuan or less 4% of the Claiming Amount, minimum 20,000 Yuan
1,000,000 Yuan to 5,000,000 Yuan 40,000 Yuan Plus 3% of the excess over
1,000,000 Yuan
5,000,000 Yuan to 10,000,000 Yuan 160,000 Yuan Plus 2% of the excess over
5,000,000 Yuan
10,000,000 Yuan to 50,000,000 Yuan 26,000 Yuan Plus 1% of the excess over
10,000,000 Yuan
50,000,000 Yuan or more 660,000 Yuan Plus 0.5% of the excess over 50,000,000
Yuan
When applying for arbitration, each case shall be charged an additional RMB
10,000 Yuan as a Registration Fee in order to cover the expenses in examining
the application for arbitration, filing the case, computer management, and
placing the documents on file.
Where the amount of the claim is not specified at the time of submitting the
Application for Arbitration, the amount of arbitration fee shall be determined
by the secretariat of the Arbitration Commission.
If the arbitration fee is charged in foreign currency, an amount of foreign
currency equivalent to the corresponding RMB value specified in this Schedule
shall be paid.
Apart from charging arbitration fee according to the above-mentioned
Arbitration Fee Schedule, the Arbitration Commission may collect other extra,
reasonable and actual expenses pursuant to the relevant provisions of the
Arbitration Rules.
==============================================================================
Title: China - Maritime Arbitration Commission Arbitration Rules, 1995
Creator: China Maritime Arbitration Commission
Rights: Copyright (C) 1995 China Maritime Arbitration Commission
Publisher: SiSU http://www.jus.uio.no/sisu (this copy)
Date: 1995-09-04
Sourcefile: china.maritime.arbitration.commission.arbitration.rules.1995.sst
Filetype: SiSU text 2.0
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